Yesterday's death penalty ruling(story), Kansas v. Marsh (opinion), was actually no such thing. In spite of Justices Souter & Scalia taking swings at each other in their respective dissent and concurrence, the issue wasn't the death penalty, but how much higher courts should interfere in state sentencing guidelines. It's strange to find the five Catholics on the Court upholding the death penalty, until you realize what they're really upholding is federalism. Let's hope such modesty becomes a Court trend.
Update: Score another point for respect for the legislative branch. Justice Kennedy speaks for the court in upholding Texas' district lines. Opinion here.
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